Authorisations for particular activities 24 Authorisation for taking or killing deer during close seasons (1) Section 5 of the 1996 Act (close seasons) is modified as follows. (2) In subsection (5)— 30 (a) the words “14 and” are repealed, (b) for “(6) and (7)” substitute “(6) to (7)”. (3) For subsection (6) substitute— “(6) Subject to section 37 of this Act, SNH may authorise the owner or occupier of any land or any person nominated in writing by the owner or occupier to 35 take or kill, and to sell or otherwise dispose of, any deer found on that land during the period specified in relation to that sex and species of deer in an order under subsection (1). 26 Natural Environment (Scotland) Bill Part 4—Deer management (6A) SNH may not grant an authorisation under subsection (6) unless it is satisfied that— (a) a ground set out in section 6ZA(2) (grounds for intervention: damage by deer) or 6ZB(2) (grounds for intervention: nature restoration) is met, 5 and (b) there are no other adequate means of control which might reasonably be adopted in the circumstances. (6B) Subsections (6) and (6A) apply notwithstanding anything contained in any agreement between an occupier of the land and the owner.”. 10 (4) Subsection (8) is repealed. 1 25 Authorisation for taking or killing deer at night (1) The 1996 Act is modified as follows. (2) In section 18 (taking or killing at night)— (a) in subsection (1), for “subsection (2)” substitute “subsections (2) to (5)”, 15 (b) for subsection (2), substitute— “(2) Subject to section 37 of this Act, SNH may authorise the owner or occupier of any land or any person nominated in writing by the owner or occupier to take or kill, and to sell or otherwise dispose of, any deer found on that land during the period specified in subsection (1). 20 (3) A person who is authorised under subsection (2) may only take or kill deer during the period specified in subsection (1) if the person is satisfied that a ground set out in section 6ZA(2) (grounds for intervention: damage by deer) or 6ZB(2) (grounds for intervention: nature restoration) is met. (4) Subsections (2) and (3) apply notwithstanding anything contained in any 25 agreement between an occupier of the land and the owner. (5) Subject to section 37 of this Act, SNH may, for any scientific purpose, authorise any person to take or kill deer during the period specified in subsection (1).”. (3) In section 45(1) (interpretation), in the definition of “animal foodstuffs” for “purposes of sections 18(2) and” substitute “purpose of section”. 30 26 Authorisation for use of vehicles to drive deer (1) Section 19 of the 1996 Act (use of vehicles to drive deer) is modified as follows. (2) In subsection (2)— (a) after “owner”, insert “or occupier”, (b) for “him”, substitute “the owner or occupier”. 35 27 Offence of shooting deer with a shotgun (1) The 1996 Act is modified as follows. (2) After section 17, insert— 27 Natural Environment (Scotland) Bill Part 4—Deer management “17ZA Use of shotguns (1) Subject to sections 25 and 25A of this Act and to subsections (2) and (3), a person who shoots a deer with a shotgun commits an offence. (2) Subject to section 37 of this Act, SNH may authorise an owner or occupier 5 of any land or any person nominated in writing by the owner or occupier to shoot any deer found on that land with a shotgun. (3) SNH may not grant an authorisation under subsection (2) unless it is satisfied that— (a) a ground set out in section 6ZA(2) (grounds for intervention: damage 10 by deer) or 6ZB(2) (grounds for intervention: nature restoration) is met, 1 and (b) there are no other adequate means of control which might reasonably be adopted in the circumstances. (4) Subsections (2) and (3) apply notwithstanding anything contained in any 15 agreement between an occupier of the land and the owner. (5) Except to the extent provided in this section, nothing in this section otherwise limits the power to make orders under section 21.”. (3) In section 31(4) (powers of court on conviction for offences), after “(3),” insert “17ZA(1),”. 20 (4) In section 37(1) (restrictions on granting of certain authorisations), after “(7),” insert “17ZA(1),”. (5) In section 45 (interpretation)— (a) in subsection (1), after the definition of “shoot”, insert— ““shotgun” means a firearm of such description as may be specified as 25 constituting a shotgun for the purposes of this Act in regulations made by the Scottish Ministers,”, (b) after subsection (2), insert— “(3) Before making regulations under subsection (1) in relation to the meaning of “shotgun”, the Scottish Ministers must consult such persons as they consider 30 may have an interest in, or otherwise be affected by, the regulations.”. (6) In schedule 3 (penalties), after the entry relating to 17(3), insert— 32 32 “17ZA(1) Shooting deer with a a fine of level 4 on the standard scale for 33 shotgun each deer in respect of which the offence is committed”. 35 28 Register of authorised persons (1) Section 17A of the 1996 Act (register of persons competent to shoot deer) is modified as follows. (2) In subsection (1)— (a) in paragraph (a), for “competent to shoot deer in Scotland” substitute “who are 40 (either or both)— 28 Natural Environment (Scotland) Bill Part 4—Deer management “(i) fit and competent to shoot deer in Scotland, and (ii) authorised to carry out one or more specified activities,”, (b) in paragraph (c), for “sections 26(2)(d) and 37(1)” substitute “sections 26(4)(d) and 26ZA(3)”. 5 (3) In subsection (2)(a)— (a) in sub-paragraph (iii), after “is” insert “fit and”, (aa) in sub-paragraph (x), for “the” substitute “any additional”, (b) in sub-paragraph (xiv)— (i) after “16,” insert “17ZA,”, 10 (ii) after “18,” insert “19,”, 1 (iii) after “26” insert “, 26ZA”. (3A) In subsection (7)— (a) in paragraph (a), after “been” insert “taken or”, (b) in paragraph (b)(ii)— 15 (i) after “be” insert “taken or”, (ii) for “in the following year” substitute “for a period not exceeding five years”. (4) After subsection (7), insert— “(8) In this section, reference to a specified activity is a reference to an activity which requires authorisation under sections 5, 17ZA, 18 or 19.”. 20 (5) The cross heading becomes “Register of authorised persons”. (6) The heading of the section becomes “Register of authorised persons”. 29 Repeal of obligation to carry out competence review Section 17B of the 1996 Act is repealed. 30 Requirement to be fit and competent for certain authorisations 25 (1) Section 37 of the 1996 Act (restrictions on granting of certain authorisations) is modified as follows. (2) In subsection (1)— (a) the words “Except as mentioned in subsection (1A) below,” are repealed, (b) after “18(2)” insert “or (5)”. 30 (3) For subsection (1A), substitute— “(1A) A person who is registered in a register established by regulations under section 17A may be considered a fit and competent person for the purposes of subsection (1).”. (4) In subsection (3), after “18(2)” insert “or (5)”. 29 Natural Environment (Scotland) Bill Part 4—Deer management 31 Repeal of saving of right to take deer on land (1) The 1996 Act is modified as follows. (2) In section 18(1) (taking or killing at night), the words “and 41(2)” are repealed. (3) In section 19(1) (use of vehicles to drive deer), the words “section 41(2) of this Act 5 and to” is repealed. (4) In section 20(1) (other offences connected with moving vehicles), for “sections 25 and 41(2)” substitute “section 25”. (5) In section 41 (savings for certain rights), subsection (2) is repealed. 31A Right of occupier or grazings committee to prevent damage by deer 10 (1) The 1996 Act is modified as follows. 1 For section 26 (right of occupier in respect of deer causing damage to crops etc. on (2) certain ground), substitute— “26 Right of occupier to prevent damage by deer (1) An occupier of any agricultural land or woodland, or a person mentioned in 15 subsection (4) authorised in writing by the occupier, may take or kill, and sell or otherwise dispose of, any deer found on the land or woodland if the occupier has reasonable grounds to believe that the taking or killing of deer is necessary to prevent— (a) damage— 20 (i) to agricultural production (including any crops or human or animal foodstuffs) on the land, (ii) to the woodland, or (iii) whether directly or indirectly, to the natural heritage or environment generally, or 25 (b) injury to livestock kept on the land, whether by serious overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise. (2) Subsection (1) applies notwithstanding anything contained in any agreement between an occupier of the land or woodland and the owner. 30 (3) Subsection (1) does not apply during any period fixed by order under section 5(1) (taking, killing or injuring deer in close season) in relation to the sex and species of the deer concerned. (4) The persons referred to in subsection (1) are— (a) the owner of the land or woodland, 35 (b) the owner’s employees, (c) the occupier’s employees, or any other person normally resident, on the land, (d) any other person approved in writing by SNH as a fit and competent person to take or kill deer for the purpose referred to in subsection (1). 30 Natural Environment (Scotland) Bill Part 4—Deer management (5) Any authorisation given by an occupier of land to take or kill deer expires— (a) at the end of such period as the occupier may specify in it, (b) in relation to a person mentioned in paragraphs (b) or (c) of subsection (4), the person ceases to be in the employment of the owner or, as the 5 case may be, the occupier, or ceases to be normally resident on the land, (c) in relation to a person mentioned in paragraph (d) of that subsection, when the person ceases to be so approved, or (d) if the occupier revokes it. 26ZA Right of grazings committee to prevent damage by deer 10 (1) A person authorised in writing by a grazings committee of any particular 1 common grazing, and who meets the condition mentioned in subsection (3), may take or kill, and sell or otherwise dispose of, any deer found on the common grazing if the committee has reasonable grounds to believe that the taking or killing of deer is necessary to prevent— 15 (a) damage— (i) to woodland forming part of the common grazing, or (ii) whether directly or indirectly, to the natural heritage or environment generally, or (b) injury to livestock kept on the common grazing, whether by serious 20 overgrazing of pastures, competing with any such livestock for supplementary feeding, or otherwise. (2) Subsection (1) does not apply during any period fixed by order under section 5(1) (taking, killing or injuring deer in close season) in relation to the sex and species of the deer concerned. 25 (3) The condition referred to in subsection (1) is that the person is approved in writing by SNH as a fit and competent person to take or kill deer for the purpose referred to in that subsection. (4) Any authorisation given by a grazings committee to a person to take or kill deer expires— 30 (a) at the end of such period as the committee may specify in it, or (b) if the committee revokes it.”. (3) In section 42 (information to be supplied to owner of certain land), for “or 26(2)” substitute “, 26(4) or 26ZA(3)”.